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Oobujoobu

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Posts posted by Oobujoobu

  1. As predicted by you good people above, following a couple more letters, I've now been given the generous opportunity, for a limited time only, to settle at a reduced rate!

     

    I enjoyed one of the sentences in the letter - "When taking any court action, our client must demonstrate that they have done as much as possible to settle this matter.". Yes, they've done lots apart from just ask the restaurant "did they have an agreement with you to park here?". That would have nipped it in the bud at considerably less expense to them!

  2. Here's the chain of events, any advice appreciated!

     

    Thursday 23rd November 2017

    - "An authorised driver" parked my wife's car in a restaurant car park in York,

    went in to the restaurant to ask if a payment could be made to park until Sunday 26th (Minster Baywatch didn't offer anything above a "3 hours + until 6am" option).

     

    £15 paid and a hand written receipt was issued,

    showing the registration number of the car,

    and confirming authorisation to park from 23rd to 26th.

    No other writing on the receipt that stated the receipt needed to be kept on display in the car.

     

    Friday 24th November - Parking Charge Notice issued by Minster Baywatch, reason stated that no valid parking ticket was being displayed.

     

    Sunday 26th November - Car removed from car park within the agreed time.

     

    Saturday 30th December - NTK received.

     

    We have made no contact so far with Minster Baywatch.

    The NTK shows photographs of the car confirming no ticket being displayed on the dashboard.

     

    My main question is,

    because the driver went directly to the restaurant and made an agreement with them,

    with nothing confirming that their receipt needed to be kept on display,

    does this in any way override any presumed contract with the parking operator?

     

    Any advice appreciated.

     

    I have redacted scans of the NTK and receipt from the restaurant,

    so far keep getting an error when I try to upload them ,

    will continue to try and get them uploaded.

     

    Thanks!

     

    Scans attached....

    Doc1.pdf

  3. make sure that your email is kept, ideally copy it to a file somewhere else just in case the idiots keep pestering you. For the moment let them write to you and tell you the matter is closed. If they dont confirm this then you could ask them for a POPLA code in a month's time, that will hack them off.

     

     

    Am I only able to get a POPLA code if I'd had an appeal rejected? I haven't appealed to Euro yet as I went down the Morrisons route first. If that hadn't been succesful I was going to put an appeal in before the time limit for doing that expired.

  4. Update: My letter to Morrisons (and possibly subsequent twitter rants in their direction) appears to have worked!

     

     

    I have just received an email from Morrisons Customer Services stating that as a gesture of goodwill they have arranged with the parking company for the charge to be cancelled.

     

     

    I have replied asking if I will receive confirmation of this cancellation from Euro Car Parks, awaiting reply.

     

     

    Do I need to make sure that I do get something in writing from Euro, or should I now just sit back and do nothing?

     

     

    Thanks for the help so far....

  5. Yes they do as they're issued on their property. Follow advice given and it will be sorted

     

    Thanks.

     

     

     

    Here is the text of the letter I intend to send to Morrisons today. Does anyone have any advice please on parts I should change/add/delete?

     

     

     

    Hello,

     

    On the 25th October I received a Parking Charge Notice from Euro Car Parks, relating to the 15th October 2016, when my car was parked at your York Foss Islands Retail Park store for a little over the 3 hour parking limit. We have bank statements showing that we did shop at this store that day.

     

    Euro Car Parks have sent this speculative invoice to me as the owner of the car, I do not recall who the driver of the vehicle was on that particular occasion, and there are multiple named drivers on my car.

     

    As a family (myself, my wife, and our daughter who is at University in York), we shop often at Morrisons. My wife and daughter have recently obtained a shared "Morrisons More" loyalty card and have been keen to try to add points to it by regularly shopping with you in both York and Leeds.

     

    In the interests of customer service, I wish to request that you arrange for this Parking Charge Notice to be cancelled and issue confirmation to me that this has been done. I am aware that as the landowners you have the authority to do this. I am also a little confused about the relationship between yourselves and Euro Car Parks, as I have heard from informed sources that your business relationship with Euro Car Parks had ended, so I'd like to know under whose authority they are able to issue these speculative invoices.

     

    I realise that Euro Car Parks claim that "a contract has been agreed and entered in to" by the action of a car being parked in your car park, however in the interests of safety neither I or my family are in the habit of agreeing to or entering in to contracts based on large swathes of text that are intended to be read whilst driving. Do you expect drivers to concentrate on the road and the many pedestrians in your car park when entering, or on reading large quantities of text instead?

     

    I would like to remain a customer of yours, however it is no inconvenience whatsoever for my family to visit alternative supermarkets where we have never had issues with parking. Between us in Leeds and York we have plenty of options of where to shop. If you are compliant with my request, I assure this would be a one off request, as I will make sure all named drivers on my car are aware that my car is not to be left on these premises for longer than the allotted time limit.

     

    Please find the following scans attached:

    • The front page of the Parking Charge Notice

    • My wife's "Morrisons More" loyalty card, linked to my daughters account with you.

    • Bank statement showing the shopping transaction with you on 15th October (transaction went through on 17th October)

    • Another recent statement showing a much larger transaction with yourselves at the same store. If we remain as customers of yours these are likely to be fairly regular large shops throughout my daughters 3 year stay in York.

    • Photo 1 of the signage outside your car park. There are 3 signs here, not able to be read by a driver on entrance if they are to also drive safely.

     

    I look forward to hearing from you soon.

  6. You could ask them about their relationship with ECP at that store as part of your letter as you "thought" that you had read they had been given the heave-ho. They will then have to explain their position on this

     

     

    Thanks. If Morrisons have ended their relationship with ECP, does that mean they no longer have any authority to get ECP to cancel charges (invoices) though?

  7. Can I just ask a further question.

     

     

    Is it still the case, as I believe it was a couple of years ago, that technically these companies can only legally attempt to claim compensation for the amount of money they lost as a result of the car being parked in that space (i.e. if it's a free car park, they didn't lose any money as none was due to be paid at the time)?

     

    Thanks

  8. Hi,

     

    I've received a PCN today from Euro Car Parks as my car was parked at their York store for 3 hours 31 minutes a few days ago, time limit is 3 hours.

     

    Yes, the car was there for that length of time,

    though I will not be stating here or anywhere else who was driving the car at the time

    (there are several people it could potentially be).

     

    The driver of the car did do shopping there during the visit,

    but did also do a few other things in and around the site of the car park during that time.

     

     

    I'm not sure yet if receipts are available to back this up,

    although 2 of the potential drivers share a "Morrisons More" loyalty card which will show purchases registered during that time period.

     

    The letter I have (as keeper) is "demanding" £85, or £50 if paid within 14 days.

     

    The letter shows 2 photographs of my registration plate, with typed text below stating the entry and exit times.

     

    I've searched the forum for similar Morrisons time period exceeded messages and most are old enough for me not to be sure if they contain the best current advice, so would be grateful if anyone here could give the best course of action I should take please.

     

    I have an address/email address for Morrisons head office customer services if I need to go down that route (any set text available for making the best case direct to Morrisons?).

     

    If its relevant, I've seen some messages here giving differing views on which associations Euro Car Parks belongs to.

    This letter clearly shows them claiming to be members of the BPA if that helps?

     

    Thanks in advance!

  9. The comparison with private car parks isn't really valid. You don't normally have a contract with the private parking companies but as a Leaseholder you certainly do have a contract with the Freeholder and the requirement to pay a fee for agreement to let/sub-let is a common clause in leases. AFAIK there's no requirement that the fee for agreeing to you letting/sub-letting has to represent the actual costs incurred. The Property Management Company is normally acting for the Freeholder, as their agent, and has the authority to give the approval and charge the fee.

     

    OK thanks that clears that up, sounds like it's a valid (if annoying...) charge.

  10. Technically yes, you are your freeholders tenant and those to whom you have rented the flat have a sub-lease.

     

    You need to look at your lease, some prohibit sub-letting and some say you can only do it with the consent of the freehold. Where consent is required there is usually a provision entitling them to charge a fee for their "costs" (which are invariably spurious).

     

    Thanks for your reply. When you say there is a provision for "them" to charge a fee, would "them" include a property management company, or would it refer to the freeholder of the land?

     

    I guess I'm trying to draw a parallel here with private car parks, where a parking management company try and charge fees where it should really only be the land owner who has the authority to do so.

     

    I understand that the management company have a job to do, and I pay them well enough each month already for their services, I'm just trying to get my head around why they can charge me a "consent" fee for letting the property, when it's not really their concern. I could understand it if it was the freeholder requesting this fee.

  11. I am not an expert either, but a colleague of mine who owns a leasehold flat recently had a problem with a neighbouring flat that had been let, by its leasehold owner, to a tenant.

     

    The tenant caused significant problems and was eventually evicted. The management company have now warned the owner that the lease forbids sub-letting, so she cannot install another tenant. As the owner's business is letting flats, this one is now for sale.

     

    Thanks, I don't think that will be an issue here, there's no suggestion from the property management company that the flat's shouldn't be let out, just that they want a fee when it happens.

  12. I own a flat (mortgaged) in a large block, so the property is owned by me on a leasehold rather than freehold basis.

     

    The flat is rented out to tenants.

     

    I pay a monthly fee to a property management company, who have recently started chasing me for an additional fee for "consent to sub-let". This is the first I have heard of such a fee in the near 8 years I've owned this flat.

     

    I have explained to them that the property is let to tenants, and is not sub-let. They have responded by saying that because the property is owned by me on a leasehold rather than freehold basis, that legally I am sub-letting the property rather than letting it.

     

    I'm interested to know whether this is legally the case (it may well be, I don't claim to be an expert...), so that I can further assess whether this seems like a legitimate fee they are requesting from me, or whether it's more like a speculative invoice similar to what I would expect a private parking firm to try and charge.

     

    Any advice appreciated!

  13. Thanks for the replies so far everyone.

     

    I'm guessing potential impending disaster for the PPCs was the reason why I received yet another "14 days to pay or we take you to court, no more chances" letter yesterday, the first one since I received exactly the same "14 days to pay or we take you to court, no more chances" threat was received early December (which I assumed was an attempt to fund the office christmas party).

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